Terms of Use1

Terms of Use

1. Scope of Application

1.1. Use of these web pages offered by SCAILE Technologies GmbH and/or its subsidiaries and affiliated brands ("GoTuro") is permitted solely based on these terms. These General Terms of Use may be supplemented, modified, or replaced in specific cases by further conditions, e.g. for the purchase of products and/or services. By logging in or, if no separate login is required, by starting to use the service, the validity of these terms of use is accepted in their respective versions.

1.2. If the user acts as or on behalf of a business, i.e. in the exercise of commercial or independent professional activity, or for a public corporation while using the GoTuro website, § 312i para. 1 sentence 1 nos. 1 - 3 of the German Civil Code does not apply.

1.3. In the case of web offerings directed at businesses or public corporations, the respective company or corporation is represented by the user and must attribute its actions and knowledge to them.

2. Services

2.1. GoTuro provides certain information and software, possibly with documentation, for retrieval or download on the GoTuro website.

2.2. GoTuro is entitled to discontinue the operation of the GoTuro website, wholly or partially, at any time. Due to the nature of the internet and computer systems, GoTuro does not guarantee the uninterrupted availability of the GoTuro website.

3. Registration, Password

3.1. Some pages of the GoTuro website may be password protected. Access to these pages is only possible for registered users in the interest of secure business transactions. There is no entitlement to registration by GoTuro. GoTuro particularly reserves the right to subject previously freely accessible web pages to registration duty. GoTuro is entitled to revoke access authorization by blocking access data at any time without requiring reasons, especially if the user:

- provided false information for registration,

- violated these terms or their duty of care in handling access data,

- breached applicable law when accessing or using the GoTuro website, or

- has not used the GoTuro website for an extended period.

3.2. If registration is foreseen, the user is obliged to provide truthful information during registration and to notify GoTuro immediately (if foreseen: online) of any changes at a later date. The user is responsible for ensuring that they receive emails sent to the email address they have provided.

3.3. After successful registration, the user receives a username and password (hereinafter also referred to as "user data"). On their first access, the user will change the password communicated by GoTuro to a password known only to them. The user data allows the user to view, alter, or, if applicable, withdraw or extend given consent to data processing.

3.4. The user ensures that third parties do not gain access to the user data and is liable for all orders and other activities carried out under the user data. The password-protected area must be left each time after use. If the user becomes aware that third parties are misusing the user data, they are obliged to immediately inform GoTuro in writing, if necessary, in advance by simple email.

3.5. Upon receipt of the notice under clause 3.4, GoTuro will block access to the password-protected area with this user data. Lifting the block is only possible after a separate request by the user to GoTuro or after new registration.

3.6. The user may at any time request in writing the deletion of their registration, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, GoTuro will delete all user data and all other stored personal data of the user as soon as they are no longer needed.

4. Rights of Use to Information, Software, and Documentation

4.1. The use of the information, software, and documentation provided on the GoTuro website is subject to these terms or, in the case of updates to information, software, or documentation, to previously agreed and applicable licensing terms with GoTuro. Separately agreed licensing terms, e.g. for software downloads, take precedence over these terms.

4.2. GoTuro grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided on the GoTuro website to the extent agreed or, if nothing has been agreed, to the extent that corresponds to GoTuro's purpose for making it available and transferring it.

4.3. Software is provided free of charge in machine-readable form. There is no entitlement to the release of source code except for open source software, whose licensing conditions—which take precedence over these terms when passing on open source software—require the release of the source code. In such cases, GoTuro will make the source code available for a fee.

4.4. Neither information, software, nor documentation may be at any time distributed, rented, or otherwise made available to third parties by the user. Unless mandatory legal rules permit otherwise, the user may not modify, reverse engineer, or decompile the software or its documentation nor remove any parts. The user may create a backup copy of the software if this copy is necessary for securing future use based on these terms of use.

4.5. The information, software, and documentation are protected by copyright laws, international copyright treaties, and other laws and agreements on intellectual property. The user will respect these rights, especially will neither remove alphanumeric identifications, trademarks nor copyright notices from information, software, documentation, or copies thereof.

4.6. Sections 69a ff. of the German Copyright Act remain unaffected.

5. Intellectual Property

5.1. Regardless of the specific provisions in section 4 of these terms of use, information, brand names, and other content from the GoTuro website may not be altered, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without the prior written consent of GoTuro.

5.2. No further rights of any kind are granted to the user, outside of the usage rights or other rights expressly granted herein, in particular to the company name and commercial property rights such as patents, utility models, or trademarks, nor does GoTuro have any corresponding obligation to grant such rights.

5.3. To the extent the user provides ideas and suggestions on the GoTuro websites, GoTuro may use them free of charge to develop, improve, and sell the services and products of its portfolio.

6. User Obligations

6.1. The user must not while using the GoTuro website:

- violate morality with their usage behavior,

- infringe on industrial property rights, copyrights, or other ownership rights,

- transmit content with viruses, so-called Trojan horses, or other programming that could damage the software,

- input, store, or send hyperlinks or content to which they are not entitled, especially if these hyperlinks or content violate confidentiality obligations or are illegal, or

- distribute advertising or unsolicited emails (so-called "spam") or incorrect warnings of viruses, malfunctions, and the like, or encourage participation in sweepstakes, chain letters, pyramid schemes, and similar actions.

6.2. GoTuro may block access to the GoTuro website at any time, particularly if the user violates their obligations under these terms.

7. Hyperlinks

The GoTuro website may contain hyperlinks to third-party websites. GoTuro assumes no responsibility for the content of these websites nor does GoTuro endorse these websites and their content as GoTuro does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.

8. Liability for Material and Legal Defects

8.1. If information, software, or documentation is provided free of charge, liability for material and legal defects of the information, software, and documentation, especially for their accuracy, absence of errors, absence of third-party property rights, completeness, and/or usability – except in the case of intent or fraudulent intent – is excluded.

8.2. The information on the GoTuro website may contain technical possibilities’ specifications or general descriptions of products which may not be always available (e.g. due to product changes). The desired features of the products must therefore be agreed upon in individual cases at purchase.

9. Other Liability, Viruses

9.1. GoTuro's liability for material and legal defects is governed by the provisions in section 8 of these terms of use. Otherwise, any liability of GoTuro is excluded, unless, for example, under the Product Liability Act, due to intent, gross negligence, injury to life, body or health, the acceptance of a quality guarantee, fraudulent concealment of a defect, or breach of essential contractual obligations is mandatory. In the case of a breach of essential contractual obligations, compensation is limited to the typical foreseeable damage, unless intent or gross negligence is present.

9.2. Although GoTuro always endeavors to keep the GoTuro website free of viruses, GoTuro does not guarantee virus-free status. Before downloading information, software, and documentation, the user will ensure adequate security measures and virus scanners for their protection and to prevent viruses on the GoTuro website.

9.3. A change in the burden of proof to the detriment of the user is not associated with the above provisions in clauses 9.1 and 9.2.

10. Compliance with Export Control Regulations

10.1. When providing the information, software, and documentation provided by GoTuro to third parties, the user must comply with the applicable regulations of national and international (re-) export control law. In any case, at such transfer, the user must observe the (re-) export control regulations of the Federal Republic of Germany, the European Union, and the United States of America.

10.2. Before such a transfer, the user will especially check and ensure by appropriate measures that

- they do not violate an embargo of the European Union, the United States of America, and/or the United Nations by transferring them to third parties or by providing other economic resources associated with the information, software, and documentation provided by GoTuro—even considering possible restrictions on domestic transactions and possible circumvention prohibitions;

- such information, software, and documentation provided by GoTuro are not intended for prohibited or approval-required armaments-related, nuclear or weapons technology purposes unless necessary approvals are obtained;

- the regulations of all respective sanctions lists of the European Union and the United States of America concerning transactions with mentioned companies, persons, or organizations are complied with.

10.3. If necessary for the execution of export control checks by authorities or by GoTuro, the user will immediately provide GoTuro upon request all information about the end recipient, end location, and intended use of the information, software, and documentation provided by GoTuro as well as applicable export control restrictions.

10.4. The user indemnifies GoTuro fully from all claims made against GoTuro by authorities or other third parties due to the user’s non-compliance with the aforementioned export control obligations and undertakes to reimburse GoTuro for all damages and expenses incurred in this context, unless the user is not responsible for the infringement. A reversal of the burden of proof is not associated with this.

10.5. The fulfillment of the contract by GoTuro is subject to the reservation that there are no obstacles due to national or international foreign trade regulations as well as no embargoes and/or other sanctions.

11. Subsidiary Agreements, Jurisdiction, Applicable Law

11.1. Subsidiary agreements must be in writing.

11.2. The place of jurisdiction is Munich if the user is a merchant within the meaning of the German Commercial Code.

11.3. The individual pages of the GoTuro website are operated and controlled by SCAILE Technologies GmbH and/or its subsidiaries. The pages take into account the requirements of the respective country where the responsible company is located. GoTuro assumes no responsibility for ensuring that information, software, and/or documentation may also be accessed or downloaded at locations outside the country in question. If users access the GoTuro website from locations outside the relevant country, they bear the responsibility for compliance with the relevant provisions of their respective country's law. Access to information, software, and/or documentation on the GoTuro website from countries where such access is illegal is not allowed. In such cases, and if the user wishes to engage in a business relationship with GoTuro, the user should contact the GoTuro representatives in the relevant country.

11.4. German law applies, excluding the UN Sales Convention.